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Divorce agreement and mortgages

My divorce was finalized in July 2014, in the agreement, my ex husband was awarded the house with the stipulation that he had 2 years to either remove my name from the mortgage or sell the house. He told me that he removed my name last year and I have since tried to apply for a mortgage loan of my own. They requested statements from him showing that my name was removed and his mortgage, but the mortgage statements still have my name on them. He told me that he did not refinance the house, but signed a modification agreement which is solely in his name. I have a copy of that modification and my name is not on it at all. Does this mean that I was removed from the mortgage loan? If not, could I file a contempt of court for not following the divorce agreement? He keeps assuring me that my name is off the loan, but the statements do not reflect that and I can't get approved for my own mortgage unless I can show my name is off his loan. I'm not sure what to do. Please help.

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Submitted Mon, 05/15/2017 - 11:19

Thank you for your question.

My advice would be to schedule a consultation with an attorney who practices real estate and see if you can get to the bottom of this. You can search the Registry of Deeds under your names and/or the property address and see whether your joint mortgage has been discharged. It is possible that you have been relieved of any financial liability on the note, but you are still included on the mortgage because you are on title to the property. Are you still on title to the property, or did you convey your interest to your ex-spouse? I recommend retaining counsel and getting to the bottom of this.



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